Decision Date: 12/12/95 Archive Date:
12/12/95
DOCKET NO. 94-04985 ) DATE
)
)
On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO) in
Pittsburgh, Pennsylvania
THE ISSUE
Entitlement to service connection for alcohol abuse.
INTRODUCTION
The veteran had active service from April 1984 to April
1991. This case comes to the Board of Veterans' Appeals
(Board) from a December 1993 VA RO decision which denied
service connection for alcohol abuse.
In a statement submitted in February 1995, the veteran
claimed service connection for post-traumatic stress
disorder and discussed other matters which are not properly
before the Board at this time. These matters are referred
to the RO for appropriate action.
REMAND
In his February 1994 substantive appeal, the veteran
requested a hearing before the Board, sitting at the RO
(i.e., a Travel Board hearing), but there is no indication
in the file that the RO scheduled such a hearing. 38
U.S.C.A. § 7110 (West 1991); 38 C.F.R.§§ 19.75, 19.76,
20.703, 20.704 (1994). A remand of the case is required to
arrange for such a hearing, assuming that one is feasible
(in his February 1995 statement, the veteran noted he was
incarcerated). 38 C.F.R. § 19.9 (1994). Thus, the case is
REMANDED for the following action:
The RO should schedule the veteran for a Travel Board
hearing. After the hearing is conducted, the case should be
returned to the Board, in accordance with appellate
procedures.
____________________
L. W. TOBIN
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740,
___ (1994), permits a proceeding instituted before the Board
to be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United
States Court of Veterans Appeals. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal. 38
C.F.R. § 20.1100(b) (1994).
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